§ 6-41 Siting and Clearance Requirements.
(a) Pedestrian passage. Sidewalk clearance must be maintained so as to ensure a free unobstructed pedestrian passage of eight feet or one-half the width of the sidewalk, whichever is greater. For building line public pay telephones, sidewalk clearance shall be measured perpendicularly from the curb line to a point on the public pay telephone installation in closest proximity to the curb line. For curb line public pay telephones, sidewalk clearance shall be measured perpendicularly from the building line to a point on the public pay telephone installation in closest proximity to the building line.
(b) Crosswalks and sight lines. Pay telephone installations shall not obstruct or interfere in any manner with curb cuts or crosswalks and shall not interfere with free, unobstructed passage and unobstructed lines of sight for vehicular traffic.
(c) Fire escapes and building access.
(1) A public pay telephone may not be located where it will interfere with the normal operations of a fire escape or where it will obstruct or impede the free use of any means of egress required by the Building Code.
(2) A public pay telephone shall not be located in a manner that prevents a cellar door from opening to its fullest extent.
(3) A public pay telephone installed subsequent to March 1, 1996 shall not be placed at the curb directly opposite a building entrance or cellar door.
(d) Underground vaults and sewers. A public pay telephone shall not be installed in such a manner so as to affect the structural integrity of an underground vault or sewer.
(e) Distances required.
(1) (i) A public pay telephone shall not be installed on or over the sidewalk or other inalienable property of the City immediately parallel to a landmark site, as such term is defined in § 25-302 of the Code. If a public pay telephone was installed parallel to a landmark site prior to September 16, 1998, the owner may receive a permit but shall be subject to the rules of the Landmarks Preservation Commission regarding advertising in historic districts whether or not the landmark site is located in a historic district.
(ii) No permit under this chapter shall be granted for any site within an "Historic District", as that term is defined in § 25-302 of the Code unless the permit application conforms to the Landmarks Preservation Commission rules concerning public pay telephones.
(2) Unless otherwise authorized by the Commissioner in writing, public pay telephones shall not be installed within:
(i) 3 feet of a traffic sign;
(ii) 4 feet of a traffic light;
(iii) 5 feet of the end of a ramp of an entrance to or an exit from a wheelchair lift;
(iv) 15 feet of the entrance way of an outdoor or elevated subway entrance, except where the public pay telephone is attached to, or is immediately adjacent to, the building and clear pedestrian passage is maintained;
(v) 5 feet from a subway station entrance;
(vi) 15 foot radius of a fire hydrant and, unless otherwise authorized by the Commissioner in writing, within 5 feet of a standpipe and/or sprinkler, siamese connection or wall hydrant;
(vii) 3 feet from a subway grate, utility hole cover, or transformer vault;
(viii) 15 feet of a sidewalk cafe;
(ix) 15 feet of a bus stop zone unless the public pay telephone is attached to a bus stop shelter within the zone or is installed at the building line and does not obstruct pedestrian passage on the sidewalk;
(x) 15 feet of a newsstand unless the public pay telephone is attached to such newsstand or is installed at the building line and does not obstruct pedestrian passage of the sidewalk;
(xi) 15 feet of a public pay toilet unless the public pay telephone is attached to such public pay toilet or is installed at the building line and does not obstruct pedestrian passage on the sidewalk;
(xii) 5 feet of a bench located at the curbline;
(xiii) 10 feet of a driveway unless the public pay telephone is attached to or immediately adjacent to a building immediately adjacent to such driveway;
(xiv) 5 feet of a canopy as defined in § 19-124 of the Code;
(xv) 4 feet of a mailbox located at the curbline;
(xvi) 4 feet of the base of a street light;
(xvii) 4 feet of a parking meter;
(xviii) 3 feet of a fire box unless otherwise approved in writing by the Commissioner;
(xix) 3 feet of a news rack located at the curbline unless the public pay telephone is attached to the newsrack;
(xx) 3 feet of a newsbox located at the curbline;
(xxi) 5 feet of a tree (without a tree pit);
(xxii) 3 feet of a grating if the public pay telephone is installed at the building line and does not cover the grating or in any way impede the opening of the grating;
(xxiii) 3 feet of a signpole;
(xxiv) 3 feet of the edge of a tree pit or planter located at the curbline.
(xxv) 4 feet from a "Pedestal Structure," (herein defined as any telecommunications utility box, cabinet, or enclosure and related construction, such as foundations, that is located, in whole or in part, above grade and within the public right-of-way of a public street and/or sidewalk, except when such structure is attached to a utility pole or other legal street furniture installation);
(xxvi) 8 feet from a bicycle rack; and
(xxvii) 4 feet of any sidewalk encumbrance not specifically enumerated herein.
(f) Required distance from other public pay telephone. A pedestal or other structure that holds a public pay telephone shall be located at least fifty (50) feet from any other such pedestal or structure on any one block face. For purposes of this subdivision "block face" shall mean that portion of the sidewalk on one side of a street which is between the building line and the curb and which is between the boundaries of the corner area at either end of the block. For purposes of this subdivision, "corner area" shall mean the area bounded by extending the intersecting building lines to the curb and the lines to the curb between the two extended building lines.
(g) Distance from corner and curb. A public pay telephone installed after April 13, 1995 at the curbline shall not be located within the corner quadrant and the edge of such installation closest to the curb shall be at least 18 inches, but no more than 24 inches, from the curb. For purposes of this subdivision, "corner quadrant" shall mean the area from ten (10) feet on either side of the corner area in conformity with the definition of corner quadrant found in Executive Order No. 22 of 1995. For purposes of this subdivision, "corner area" shall have the same meaning as such term is defined in subdivision (f) of this section.
(h) Location of public pay telephones in relation to other street furniture or street conditions. No public pay telephone or public pay telephone pedestal shall be installed in a location: (1) where the City of New York or any agency thereof has issued a permit for a location-specific street vending installation; (2) for which a revocable consent has previously been issued that would be inconsistent with installation of a public pay telephone or public pay telephone pedestal; or (3) where other street furniture that has been previously authorized is to be located, except that permitted public pay telephones may be affixed or attached to such authorized street furniture pursuant to an agreement between the public pay telephone service provider and the Department, any other City agency with jurisdiction over such street furniture, and the owner of such street furniture.
(i) Measurements from enclosures. If a public pay telephone is mounted in an enclosure, the distances set forth in subdivision (e) of this section shall be measured from the side of the enclosure nearest the object in question.
(j) Number of public pay telephones at any location.
(1) There shall be no more than three (3) public pay telephones installed on a single pedestal or in an in-line configuration on a sidewalk between two street corners in the City. There shall be no more than one wall-mounted public pay telephone in any one location. There shall be a distance of fifty (50) feet between any two installations of public pay telephones. An in-line configuration shall not exceed a footprint of 35" × 120".
(2) There shall be no more than the following number of public pay telephones on any sidewalk between two street corners in the City;
(i) on any such sidewalk that is one hundred (100) feet or less, a maximum of: one public pay telephone installation that includes no more than one public pay telephone;
(ii) on any such sidewalk that is more than one hundred (100) feet and less than three hundred (300) feet, a maximum of: two public pay telephone installations;;
(iii) [Reserved.]
(iv) After March 21, 2015 new public pay telephone installations may not be installed closer than 170 feet to an existing public pay telephone installation.
(3) There shall be no more than one public pay telephone installation within fifty (50) feet of any corner area of any street corner. "Corner area" shall have the same meaning as set forth thereof in paragraph (f) of this section. Notwithstanding any other provision of this paragraph, in no event shall a public pay telephone be installed where such installation would result in more than four public pay telephone installations within fifty feet of the corner area at any intersection with any number of corner areas. This paragraph shall not apply to public pay telephones installed or issued a notice to proceed by the Department prior to June 26, 1998.
(4) Nothing in this subdivision shall be construed to require the removal of a public pay telephone that has been issued a permit by the Department prior to the effective date of these rules or was operational pursuant to a license issued pursuant to the provisions of former § 19-128 or 19-131 of the Administrative Code of the City of New York.
(k) [Reserved.]
(l) Sidewalks of a distinctive design. A public pay telephone shall not be installed on, or result in the destruction, damage or removal of any part of, a sidewalk of a distinctive design. For purposes of this subdivision, "sidewalk of a distinctive design" shall include a pavement of granite, slate, bluestone or brick and a sidewalk constructed and approved pursuant to 34 RCNY § 2-09(f)(xvi).
(m) A public pay telephone must be installed upon a paved surface, unless such telephone is attached to the facade of building or other structure.
(n) Waiver by Commissioner. If the Commissioner determines that a public pay telephone is necessary in a location in order to provide for public health and safety, and one or more provisions set forth in this chapter cannot be satisfied, he or she may waive such provisions of this chapter as may be necessary to permit the installation of a public pay telephone. In no case, however, shall a public pay telephone installation be placed within eighteen (18) inches of a curb or within ten (10) feet from a corner or constitute an impediment to pedestrian traffic or interfere with the function of fire escapes or the unimpeded passage of building inhabitants.
(Amended City Record 7/9/2015, eff. 8/8/2015)
